Withdrawal of consent after joint petition in consented case

Querist : Anonymous (Querist) 08 April 2011 This query is : Resolved
In a consented case of divorce, petitioner wife sent proposal for settlement and respondent husband accepted the same for the time being [Husband is not in favor of divorce and don’t want that his matrimonial life should disturbed. He has accepted proposal to get rid-off from the court].So after meditation by mediator, joint petition for mutual consent divorce has been filled.

Now after 5 months form submission of joint petition, husband wants to withdraw his consent. Can he do so? If yes, how to withdraw consent? Should he require appearing personally before court and giving normal application in writing or can he send application by registered speed post or courier?

After withdrawal of consent what petitioner wife will do? She will reopen the case or go for appeal?

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Kirti Kar Tripathi (Expert) 08 April 2011
yes, he can withdraw. for withdrawing his consent, he has to appear before the court. once consent is withdrawn the petition for divorce will be dismissed.

Devajyoti Barman (Expert) 08 April 2011
Yes Mr Tripthi is right. To add one thing, the appearance of the husband is not necessary. He can file any petition supported by affidavit.

adv. rajeev ( rajoo ) (Expert) 09 April 2011
Just filing of memo to withdraw the petition is sufficient, his advocate on behalf of him can file the memo.

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